VB4-03292
The appeal is dismissed because the appellant failed to perfect the appeal by providing the Appellant's Record within the 30-day period required by subsection 159.91(1)(b) of the Regulations and subsection 3(5) of the Refugee Appeal Division Rules.
Source-derived case information.
- Citation
- VB4-03292
- Parties
- Appellant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 15 December 2014
- Procedural Posture
- Refugee Appeal / Decision on Perfection of Appeal (dismissal)
- Outcome
- Appeal dismissed for failure to perfect within prescribed time
- Legal Topics
- Time Limit to Perfect Appeal, Appellant's Record, Procedural Requirements, Refugee Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Refugee Appeal / Decision on Perfection of Appeal (dismissal)
Legal Issues
- 1 Whether the appellant provided the Appellant's Record within the 30-day time limit prescribed by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations
- 2 Whether the requirements of subsection 3(5) of the Refugee Appeal Division Rules were satisfied
Ratio Decidendi
The appeal is dismissed because the appellant failed to perfect the appeal by providing the Appellant's Record within the 30-day period required by subsection 159.91(1)(b) of the Regulations and subsection 3(5) of the Refugee Appeal Division Rules.
Court Disposition
Appeal dismissed for failure to perfect within prescribed time
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Immigration and Refugee Board of Canada Refugee Appeal Division Commission de l'immigration et du statut de réfugié du Canada Section d'appel des réfugiés RAD File No. / N° de dossier de la SAR : VB4-03292 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) XXXX XXXX Personne(s) en cause the subject of the appeal Appeal considered at Vancouver, BC Appel instruit à Date of decision December 15, 2014 Date de la décision Panel Tribunal Counsel for the person(s) who is(are) N/A Conseil(s) du (de la/des) the subject of the appeal personne(s) en cause Designated representative N/A Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du ministre REASONS FOR DECISION [1] The Refugee Appeal Division (the "RAD") received a Notice of Appeal from the decision of the Refugee Protection Division (the "RPD") in the claim of XXXX XXXX (the "appellant"), a national of India, on November 4, 2014. The Notice of Appeal indicated that the appellant received the RPD reasons on October 31, 2014. [2] The appeal is dismissed because the appellant failed to perfect her appeal by providing the Appellant's Record within the prescribed time required by subsection 159.91(1)(b) of the Immigration and Refugee Protection Regulations (the "Regulations")1 and subsection 3(5) of the Refugee Appeal Division Rules.2 Subsection 159.91(1)(b) of the Regulations provides that the time limit to perfect the appeal is 30 days after the day on which the appellant receives written reasons for the RPD decision. (signed) "Douglas Fortney" December 15, 2014 Date 1 Immigration and Refugee Protection Regulations, SOR/2002-227. 2 Refugee Appeal Division Rules, SOR/2012-257. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File No. / N° de dossier de la SAR : VB4-03292